Florida Statutes
Fla. Stat. § 794.021 (2025)
Ignorance or belief as to victim’s age no defense.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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794.021 Ignorance or belief as to victim’s age no defense.—When, in this chapter, the criminality of conduct depends upon the victim’s being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1978–2025 · leading case: United States v. Wilson, 66 M.J. 39 (C.A.A.F. 2008).
United States v. Wilson, 66 M.J. 39 (C.A.A.F. 2008). “Code 22-3011 (2007); Fla. Stat. Ann. § 794.021 (West 2007); Kan.”
Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006). “To the contrary, section 794.021, Florida Statutes (2003), provides that ignorance or belief as to a victim's age is no defense.”
Commonwealth v. Robinson, 438 A.2d 964 (Pa. 1981). “The following states have also removed the defense by legislative enactment: Florida (F.S.A. § 794.021); Louisiana (L.S.A.-R.S.”
State v. Sorakrai, 543 So. 2d 294 (Fla. 2d DCA 1989). “" In fleshing out chapter 794 in order fully to codify the elements of the crime formerly known as statutory rape, the legislature provided in section 794.021 that: When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age,…”
Smith v. State, 365 So. 2d 405 (Fla. 3d DCA 1978). “Section 794.021, which is cited in the information, does not create an offense but merely abolishes the defense of ignorance or belief as to the age of the victim.”
State v. Yanez, 716 A.2d 759 (R.I. 1998). “§ 22-4111 (Michie 1996) (but no minimum sentence); Fla.Stat.Ann. § 794.021 (1998); La.Rev.Stat.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “1st DCA 2006); § 794.021, Fla. Stat. *374 The defendant's ignorance of (victim's) age, (victim's) misrepresentation of his or her age, or the defendant's bona fide belief of (victim's) age is not a defense to the crime charged.”
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 794.021, Fla. Stat. Ignorance of (victim’s) age,' (victim’s) misrepresentation of his or her age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged.”
Hodge v. State, 866 So. 2d 1270 (Fla. 4th DCA 2004). “Section 794.021, Florida Statutes (2000), unequivocally provides that ignorance or mistake of the victim's age is not a defense to the crime for which Hodge was charged: When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified…”
Brown v. State, 11 So. 3d 428 (Fla. 2d DCA 2009). “022 in the 1974 supplement contains an erroneous reference to section 794.021 (ignorance of victim’s age no defense).”
Huffman v. State, 813 So. 2d 10 (Fla. 2000). “082(1), Florida Statutes (1971), provided: A person who has been convicted of a capital felony shall be punished by death unless the verdict includes a recommendation to mercy by a majority of the jury, in which case the punishment shall be life imprisonment.”
State v. Washington, 114 So. 3d 182 (Fla. 3d DCA 2012). “4th DCA 2004) (“[T]he legislature left no doubt as to its intention that [section 794.021] be treated as a strict liability crime for which the State was not required to prove scienter .”
— 794.021(1) — 1 case
Donaldson v. State, 356 So. 2d 351 (Fla. 1st DCA 1978).
— 794.021(2) — 1 case
Smith v. State, 365 So. 2d 405 (Fla. 3d DCA 1978). “Section 794.021, which is cited in the information, does not create an offense but merely abolishes the defense of ignorance or belief as to the age of the victim.”
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